Cyber Swing/Polyamory
Resource Center
Promoting Intimacy and Other-Centered Sexuality
Phoenix Law passed without almost
no support at 5 public hearings
to bar swing clubs, calling them sex act business's
Sec. 23-54. Findings; definitions; live sex act
businesses prohibited
A. The City Council makes the following findings:
1. The operation of a business for purposes of providing the opportunity to
engage in, or the opportunity to view, live sex acts is declared to be a
disorderly house and a public nuisance per se which should be prohibited; and
2. The operation of a live sex act business contributes to the spread of
sexually transmitted diseases; and - Dave notes absolutely
no basis for this. There has never been an HIV case related to
swinging and STD risk among careful knowledgable couples is very low.
3. The operation of a live sex act business is inimical to the health, safety,
general welfare and morals of the inhabitants of the City of Phoenix.
Note MORALS of Phoenix is the real reason, the rest is
totally bull!
4. Evidence in support of these findings may be found in the Sex Clubs, Factual
Record, and the Sexually Oriented Businesses, Factual Record, Supplement.
(Dave notes this factual record is a joke.
Overwhelming evidence presented at 5 public hearings disputing all these facts
compiled by a religious right group helping the city with anti-sex laws based on
bogus reports and lies)
B. In this section, unless the context otherwise requires:
1. Consideration means the payment of money or the exchange of any item of value
for:
a. The right to enter the business premises, or any portion thereof; or
b. The right to remain on the business premises, or any portion thereof; or
c. The right to purchase any item permitting the right to enter, or remain on,
the business premises, or any portion thereof; or
d. The right to a membership permitting the right to enter, or remain on, the
business premises, or any portion thereof.
2. Live sex act means any act whereby one or more persons engage in a live
performance or live conduct which contains oral sexual contact or sexual
intercourse.
3. Live sex act business means any business in which one or more persons may
view, or may participate in, a live sex act for a consideration.
4. Operate and maintain means to organize, design, perpetuate or control.
Operate and maintain includes providing financial support by paying utilities,
rent, maintenance costs or advertising costs, supervising activities or work
schedules, and directing or furthering the aims of the enterprise.
5. Oral sexual contact means oral contact with the penis, vulva or anus.
6. Sexual intercourse means penetration into the penis, vulva or anus by any
part of the body or by any object or manual masturbatory contact with the penis
or vulva
C. It shall be unlawful for any person to operate and maintain a live sex act
business.
D. Operation of a live sex act business is a public nuisance per se which may be
abated by order of the Phoenix Municipal Court.
E. The City Attorney, in the name of the City of Phoenix, may apply to the
Municipal Court for an order permitting the City to abate violations of this
section.
F. After notice to the operator of a live sex act business, the judge shall
conduct a hearing and take evidence as to whether a live sex act business is
being operated in violation of this section.
G. If, at the conclusion of the hearing, the judge determines that a live sex
act business is being operated in the City of Phoenix in violation of this
section, an order shall be entered authorizing the City to abate the violation
by closing the business. A copy of the order shall be delivered to the operator
of the business and mailed to the owner of the property upon which the business
is located.
H. Nothing in this section shall be construed to apply to the non-obscene
presentation, showing, or performance of any play, drama, or ballet in any
theater, concert hall, fine arts academy, school, institution of higher
education, or similar establishment as a form of expression of opinion or
communication of ideas or information, as differentiated from the promotion or
exploitation of sex for the purpose of advancing the economic welfare of a
commercial or business enterprise.
(Ord. No. G-4145, § 1, passed 12-9-1998, eff. 1-8-1999; Ord. No. G-4150, § 1,
passed 12-16-1998, eff. 1-15-1999; Ord. No. G-4411, § 1, passed 2-6-2002, eff.
3-8-2002)
Cross references: Topless bars, § 6-15; sexually oriented businesses, § 10-131
et seq.; sexually oriented businesses featuring nudity or live performances, §
10-148; indecent conduct, § 23-65 et seq.
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